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| 1. | Citizen Comments on Consent Agenda Items |
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.
| 2. | Requests for clarification of agenda items listed on the agenda for July 12, 2011. |
| 3. | Receive a report, hold a discussion and give staff direction on the new Animal Care and Adoption Center construction planning process. |
| 4. | Receive a report, hold a discussion and give staff direction regarding nominations to the City’s Boards and Commissions. |
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
| 1. | Closed Meeting: |
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.
A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition or the condemnation of a fee simple tract, a temporary construction easement tract, and a public utility easement tract for the Mayhill Road Widening and Improvements project, affecting real property tract in the M. Forrest Survey, Abstract No. 417, in the City and County of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.
B. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding a grant application from Joe Northern for the Downtown Incentive Grant Program with respect to redevelopment of a building on 207 N. Bell Avenue. This discussion shall include commercial and financial information the City Council has received from Joe Northern which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives.
C. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding legal rights, restrictions and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation.
2. Consult with, and provide direction to, City’s attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations:
a. Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City’s regulatory authority, with regard to such issues and strategies; and
b. Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations.
3. Consult with, and provide direction to, City’s attorneys on legal issues associated with previous annexations of land, specifically including, but not limited to, legal and strategic issues associated with the modification, negotiation and enforcement of non-annexation agreements as they relate to building on lots within plats approved prior to the execution of non-annexation agreements, as well as more general legal and strategic issues relating to the annexation of such area.
D. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; and Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property more particularly described as a 0.93 acre tract, in the M. Yoacham Survey, Abstract No. 1442, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the tract referenced hereinabove, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation.
| 1. | PLEDGE OF ALLEGIANCE |
A. U.S. Flag
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
| 2. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
| 3. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Diane Sloan regarding how the Code is being interpreted.
| 4. | CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - K). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. |
A. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Equal Employment Opportunity; and declaring an effective date.
B. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Harassment Prevention/Workplace Abuse; and declaring an effective date.
C. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Anti-Substance Abuse and Rehabilitation; and declaring an effective date.
D. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding Demotions; and declaring an effective date.
E. Consider approval of a resolution of the City of Denton, Texas approving a revised City personnel policy regarding a Worker’s Compensation/Salary Continuation Program; and declaring an effective date.
F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the replacement of two existing Bomb Technician Response vehicles for the City of Denton Fire Department; providing for the expenditure of funds from the Urban Areas Security Initiative Grant therefore; and providing an effective date (File 4743-Purchase of Two Bomb Response Vehicles for the City of Denton Fire Department awarded to Caldwell Country Chevrolet in the total amount of $139,576).
G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4747-Purchase of Cem-Lime for Street Department in the unit price amount of $135/dry ton for an annual estimated amount of $300,000).
H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas, or his designee, to execute for and on behalf of the City a Pipeline Crossing Agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad Company, relating to the construction, maintenance and operation of a sanitary sewer pipeline within the railroad right-of-way, located immediately north of said railroad right-of-way’s intersection with McKinney Street at Mile Post: 718.95, Choctaw Subdivision within the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City and County of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date.
I. Consider appointments to Council committees.
J. Consider approval of the minutes of: June 7, 2011 June 14, 2011 June 21, 2011
K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager of his designee to execute a real estate contract of sale between the City of Denton and Black Bear Properties, LLC and other documents necessary to acquire an approximate 4.024 acre tract of land, being located in the M. Forrest Survey, Abstract Number 417, City and County of Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (Mayhill Road Widening and Improvements project)
| 5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
| 6. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding water and soil contamination and the definition of minority and majority.
2. Zorobabel Gomez, Jr. regarding citizen input regarding public policy.
| 7. | CONCLUDING ITEMS |
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
| ______________________________ CITY SECRETARY |